Loading...

Intellectual property and trademarks

Alerts

27March2023
The Russian Constitutional Court has expressed its position on the compensation of costs incurred by the parties to administrative proceedings that involve IP rights The Russian Constitutional Court has adopted a Resolution establishing the possibility of costs being compensated which were incurred under administrative proceedings relating to a dispute over legal protection of IP rights and means of identification.
22September2022
Amendments to the List of goods (groups of goods) permitted for parallel import

Public discussions are being held of the draft amendments to the List of goods (groups of goods) to which the provisions do not apply of articles 1359(6) and 1487 of the Russian Civil Code, provided that these goods (groups of goods) are released into circulation outside Russia by right holders (patent holders) or with their consent. The List was approved by Order No. 1532 of the Russian Ministry of Industry and Trade dated 19 April 2022.

14March2022
The first Court decision in connection with violation of rights to IP items owned by a foreign entity from a ‘hostile’ country Pepeliaev Group advises that the decision of the State Commercial Court of the Kirov Region dated 3 March 2022 in case No. A28-11930/21 has been published. This decision denied protection of an exclusive right of a foreign entity due to its originating from a country that was included in the list of ‘hostile countries’.
14August2020
The State Duma is to approve a treaty on trademarks, service marks and appellations of origin of EAEU goods

Pepeliaev Group advises that the Russian Government is preparing to submit to the State Duma for ratification a Treaty aimed at establishing a regional system for registering trademarks, service marks and appellations of origin. When an application is filed with a national patent office within the scope of the system, it will help to obtain protection in each of the member states of the Treaty once an expert examination is complete. 

28July2020
The amendments to the Russian Civil Code concerning the legal protection of geographical indications have come into force Pepeliaev Group advises that the amendments to Part 4 of the Russian Civil Code made by Federal Law No. 230-FZ dated 26 July 2019 have come into force. These amendments introduce in Russia a new IP item, a geographical indication, and improve the legal protection of the appella-tions of origin. 
17June2020
The procedure has been changed for restricting access to information disseminated in violation of the law or copyright

Pepeliaev Group advises that amendments have been passed to the Federal Law “On information, information technologies and data protection”. These amendments establish new rules for restricting access to information disseminated in violation of copyright and/or related rights or legal requirements, and specify the procedure for restricting access to the information resource of a person organising the dissemination of information.

21February2018
Resolution of the Russian Constitutional Court on parallel import

Pepeliaev Group advises of the results of the Russian Constitutional Court's consideration of a case relating to the claim filed by PAG LLC to have articles 1252(4), 1487 and 1515 (1,2 and 4) of the Russian Civil Code (the ‘Civil Code) checked in terms of whether they are constitutional.

13February2018
Annual General meetings: obligations and potential risks

FAO company CEOs, specialists of legal departments, as well as company secretaries

02February2016
New departmental regulations concerning intellectual property Pepeliaev Group advises that the regulator Rospatent has prepared a large package of departmental regulations in terms of protecting intellectual property.
02December2011
The Presidium of the Russian Supreme Arbitration Court (SAC) has indicated to courts that compensation of double the value of goods shall be recovered where a confusingly similar mark

Pepeliaev Group advises that 20 November 2011 saw the publication on the Supreme Arbitration Court’s official website of the Court’s Resolution No. 3602/11 in case No. 08-8099/2009 (Krasny Oktyabr v. Slavyanka).

02September2011
The Russian Supreme Arbitration Court has confirmed the ban on third parties using trademarks in their advertisments of services Pepeliaev Group advises that the Russian Supreme Arbitration Court supported the stance taken by the Nineteenth Arbitration Court of Appeal and the Federal Arbitration Court for the Central Circuit, according to which provisions of article 1487 of the Russian Civil Code (“Exhaustion of the exclusive right to a trademark”) only apply to the use of the trademark with regard to goods that have been lawfully put into circulation, but not services. Therefore, the use, without the right holder’s permission, of a trademark/ service mark by third parties to advertise services associated with the relevant goods constitutes a violation of the exclusive right to the trademark / service mark (see case No. А64-2744/2010).
17January2011
Planned amendments to civil legislation on intellectual property issues Pepeliaev Group notes that it is intended to amend, in the near future, the Russian Civil Code’s provisions on intellectual property issues.